Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The phrase the tuner further includes a metal sheet, and the metal sheet is arranged separately from the tuner is not clear. It is not clear how the tuner includes a metal sheet, and the sheet is separate from the tuner. Clarification is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over CN 203607091U,
Regarding claim 1, CN 203607091U discloses a tuner (10), comprising a body with a shell (31) and a connecting part protruding from a bottom surface of the shell (see the connecting part on the bottom in figure 6), wherein the connecting part is provided with a slotted hole with an opening deviating from the body (see the whole deviating from the body in figure 6), and the tuner further includes a magnet (313)and an member (325) accommodated in the slotted hole; the magnet (313) has an inner wall surrounding a magnetic hole, the member is at least partially accommodated in the magnetic hole, and the member is provided with a slot (see the slot in figure 6) with an opening deviating from the body; a bottom surface of the magnet is flush with or higher than a bottom surface of the connecting part.
CN 203607091U does not disclose the use of an elastic member.
However, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in CN 203607091U to include an elastic member since the use of magnets to support magnets is conventional and well known in the art.
Regarding claim 2, CN 203607091U does not specifically show a lead in part.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify the device as disclosed in CN 203607091U to include a lead in part since the use of lead in part in magnets is conventional and well known in the art.
Allowable Subject Matter
Claims 3-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY R LOCKETT whose telephone number is (571)272-2067. The examiner can normally be reached 8:30-5:00 pm M-F.
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/KIMBERLY R LOCKETT/Primary Examiner, Art Unit 2837
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